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Judgment
15 paragraphs · 295 wordsArvind Singh Sangwan, J
Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR
No.82 dated 14.04.2019, for offence punishable under Sections 15, 29, 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short
‘the NDPS Act’) registered at Police Station Dehlon, District Ludhiana.
Counsel for the petitioner has argued that the petitioner is in custody for the last 01 year and 07 months and he is not involved in any other case under
the NDPS Act. Counsel for the petitioner has further submitted that as per the allegations in the FIR, the recovery of 65 Kgs of poppy husk was
effected from the petitioner and the co-accused, who is stated to have been granted the concession of regular bail.
Counsel for the State, on the basis of the Custody Certificate filed in the Court today, has not disputed the factual position but opposed the prayer for
bail.
Without commenting anything on merits of the case, considering the fact the petitioner is in custody for the last 01 year and 07 months; he is not
involved in any other case under the NDPS Act; the custodial interrogation of the petitioner is not required and the conclusion of the trial will take
some time due to COVID-19 situation, this petition is partly allowed and the petitioner is directed to be released on interim bail till 31.05.2021 subject
to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.
However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing
the concession of bail, in any manner.